Hunter v. Hale, No. 18-10487 (11th Cir. 2019)Annotate this Case
After Ricky Hinkle died in the Birmingham City Jail after being shocked with a taser, his son filed a 42 U.S.C. 1983 action alleging several claims on Hinkle's behalf. The district court denied the officers' motion for qualified immunity.
The Eleventh Circuit held that the facts as pleaded showed that Deputy Dukuzumuremyi violated Hinkle’s clearly established constitutional right to be free from excessive force. In this case, Dukuzumuremyi clearly crossed the constitutional line, when, having already tased Hinkle once —dropping him to the floor, rendering him motionless, and causing him to urinate on himself—Dukuzumuremyi shocked him again a full eight seconds later. However, the court held that plaintiff's allegations did not show a causal connection between either the use of force against Hinkle or any deliberate indifference to Hinkle's serious medical needs, on the one hand, and any policy or custom implemented by Sheriff Hale or Captain Eddings, on the other. Accordingly, the court affirmed as to Dukuzumuremyi but reverse as to Sheriff Hale and Captain Eddings.